New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-09-30
SHARP WILL STAY IN JAIL.
A TEMPORARY STAY GRANTED BY CHIEF
JUDGE RUGER
ARGUMENT ON THE MOTION TO MAKE THE STAY
PERMANENT To DE HEARD MKT THURS
DAY-THE PAPERS TAKEN AT
ONCE TO NEw-YORK.
far TELEGRAPH TO THE TRIBuSE.l

DAY-THE PAPERS TAKEN AT
ONCE TO NEw-YoRK.
far TELEGRAPH TO THE TRrBuSE.l
ALBANY, Sept. 2s.-Chief Judge Ringer. of the
Court of Appeals, has granted stay of five days
in the execution of the judgment Of the Court Of
Oyer and Terminer Of New-York against Jacob
Sharp The effect OF the stay is to keep Sharp out
of Sing Sing Prison for at least five days longer,
and. perhaps, for several months longer.
The stay is temporary one. but after an argu-
ment before Judge Ruger here on Wednesday next
it may be made permanent The stay of execution
of the sentence OF Sharp would be allowed for the
purpose OF giving the Court Of Appeals time to
hear an argument on an appeal from the unanimous
decision of four Supreme Court Justices that the
rulings of the court in Sharps should be sus-
tanned.
The application for q stay was made to Chief
Judge Ruger at Syracuse yesterday. by John N.
Perry, one Of Mr. Sharps lawyers. Judge
Ringer took the papers and reserved his
decision. This evening he arrived here
from Syracuse. Awaiting him in the station was
messenger from Sharp's lawyers, who had been
sent TO Albany to learn the Judges decision on the
application. The Judge handed to the messenger
papers containing oroers to Sheriff Grant aud Dis
trict-Attorney MARITIME, of New-York, staying the
execution Of the judgment against Sharp until
Thursday next The paper reads as follows:
IN ssppcstion in the OF Jacob sharp Of notice Of
ve days to be given to the District Attorney Of New
Capital whether there is canse in the opinion or the
Judge why the Judgment should stand and in the mean
time and until the hearing aud determination Of the APP
pcatioh the execution Of said judgments and OF each
WILLIAM C RuGER Chief Judge.
The messenger from Sharp's lawyers seized
the stay and rushed of to New-York
by the first train. Judge Ruger de-
cliued to tell newspaper correspondents whether
or not he had gran ted the stay. 1t woud be mani
testify Improper for ME to say anything about the
matter" he saIl Il" but this much Will say. that
an application has been made for q stay" The in-
formation that The STAY had been granted was OBJ
tanned from sharps messenger.
Judge Ruger next Thursday therefore, Will lis
ten TO arguments by District Attorney MARITIME
aud Sharps lawyers as 10 whether or not the stay
should be made 70 permanent 10. pending the hear
ing before the Court of Appeals Of the appeal of
sharp's lawyers from the decision of the General
Term against him. II Judge Ruger makes the stay
q permanent one Sharp will remain IN Ludlow
stree. Jsi till the Court OF Appeals gives It's decis-
ion Ou toe appeal.
JudIe Finch, Of the Court Of Appeals. said TO,
night thaspeycr since he he had been member OF
tue COnrl Of Appeals had such an applica'l0n
been made 10 OF the Judges as that
which had been made bv ShaFp's lawyers Stays
had been gr inted In civil actions. buJ never IN n
criminal case like this Sharps If the judges
Of the Court of Appeals had the an honty to grant
a stay. II was not granted oy any statute, but was
on authority under the general discretion granted
TO ne rourt.
Judge Andrews, OF the Court of Appeals said:
" rhe application il very UNUSUAL. but have no
doubt otJudge Rugers power TO grant stay"
The Court Of Appeals will meet here next Monday
for ITS winter term. Judge Andrews stated Tonight
tnat undoubtedly noti Q OF appeal from the Cen
eial Term decision had been received by the Clerk
Of the COurJ oi Appeals. The Gaze could he put on
the preferred calendar and argument heard at once
# 1t desired by the District-Attorney of New
York